Rs 742.104 Federal Law Of October 4, 1991, Relating To The Construction Of The Swiss Railway Line Through The Alps (Alpine Transit, Ltralp Act)

Original Language Title: RS 742.104 Loi fédérale du 4 octobre 1991 relative à la construction de la ligne ferroviaire suisse à travers les Alpes (Loi sur le transit alpin, LTrAlp)

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742.104 federal law on the construction of the railway line Swiss through the Alps (Alpine transit, LTrAlp Act) of 4 October 1991 (Status January 1, 2016) the Federal Assembly of the Swiss Confederation, view the art. 81, 87 and 196, no. 3, of the Constitution, see message of the federal Council on 23 May 1990 and June 26, 1991, stop: Section 1 principle art. 1 goals the Confederation makes a large-scale project to preserve its position in Europe in terms of transport policy and protect the Alps of new malware. The project must ensure a high-performance rail corridor, relieve the roads for the transport of goods over long distances, be used for the transport of people and decrease the currently excessive pollution.

Art. 2Mesures of promotion in order to promote the achievement of the goals set out in art. 1 and achieve a good use of the new railway line through the Alps (NRLA), extra measures will be taken so that the transport of goods in transit through the Alps takes place mainly by rail.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Section 2 design art. 3 repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. The project of the NLFA NLFA 3Projet aims to make the Switzerland a hub of European passenger traffic at high speed. The latest technology will be applied to its realization. With regard to the transport of goods, unaccompanied combined transport axes will be integrated optimally in the European freight corridors.
The NRLA proposed the construction of the lines of transit of the St. Gotthard and the Simplon tell as overall system and improving the connection of the Eastern Switzerland to the Gotthard axis.

Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Art. 4 interest of the cantons the interest of the cantons concerned to a path that is environmentally will be safeguarded appropriately when planning and implementing.

Art. 5 repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. 5Investissements funded the NRLA following the NRLA projects are included in the funding provided in art. 196, no. 3, of the Constitution: a. St. Gotthard: the network of the Federal Railways (CFF) increases of the base tunnel Gotthard between regions of Altdorf-Erstfeld with Bodio Biasca, a new line up to the Giustizia region, as well as of the base tunnel of the Monte Ceneri linking the region of Sant'Antonino - Cadenazzo than (Massagno) - Vezia Lugano, including the connections to existing lines. The current supply of traction and the work of implementation of these works are included. Surselva sites will be served by the current rail network, which will be developed based on needs; b. tell: the network of the company BLS railway tell SA grows of the tell, partly single-track base tunnel, linking the Frutigen region of Steg/Baltschieder including connections to existing lines. The new line should be designed so as to ensure the connection to the line of the Simplon and to make possible the loading of road vehicles; c. Eastern Switzerland: the Confederation enhances the binding of the Eastern Switzerland with the Gotthard line partially landscaping the St-Gallen-Arth-Goldau section.

Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).
New content according to section 2 of the "annexed to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).
New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).

Art. 6 to 8 repealed by section I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. Sectoral 8Plan the Confederation coordinates the projects to achieve a coherent whole. To this end, the federal Council issues a sector plan within the meaning of art. 13 of the Act of June 22, 1979 on the development of the territory. That plan shall include at least: a. links between the Gotthard base tunnel, the Monte Ceneri base tunnel and the tunnel of Thalwil (Nidelbad); b. loading facilities of road vehicles in the Kander and valleys of the Rhone and the connection to the base line of the tell; c. the direct connection of the central Valais with the line base of the tell and connect this line to the Simplon tunnel.

The realization and the financing of projects which are not referred to in art. 5 are governed by separate federal orders of general scope.

Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
RS 700 new content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).

Art. 9Adaptation of the rail network existing the Confederation ensures timely access lines extending to the cross-Alpine in the central part of the shelf as well as in the South of the country and regulates the financing of this extension; It shall ensure coordination with the private railway companies. SBB and private railway companies adapt their networks to new lines at the latest during the commissioning of these.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Art. 10 repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. 10Echelonnement of the the NLFA NLFA provided for in arts. 3 to 9 is carried out in two phases: a. phase includes the construction of the tunnels of basis of the Gotthard and the tell; b. the second phase includes the realization of other projects referred to in art. 5. the federal Council determines the beginning of the work of the second phase.
The operating plan will be optimized and will take account of the latest developments in the rail sector.

Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).

Art. 10 major rail projects provided for in art. 196, Chapter 3 of the Constitution the terms of realization of large railway projects below, provided for in art. 196, no. 3, of the Constitution, are defined in separate laws: a. RAIL 2000; b. the connection of the Eastern Switzerland and West to the European network of trains to high performance; c. improving, through active and passive measures, protection against noise along the railway.

Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).
New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).

Section 3 projects art. 11 preliminary drafts of the new lines of the Alptransit project indicate in particular on the trace, connection points, the size of train stations and terminals as well as the works of crossing.
They take into account the interests of the land, as well as protection of the environment, nature and landscape and national defence.
They are subject to the federal Office of transport.
The federal Office of transport means the federal authorities, the cantons, and railroad companies interested. The Commons are consulted by the cantons.
The draft must be approved by the federal Council. This determines the path.
In application of the legislation on the protection of the environment, the review and approval of the draft procedure also includes an environmental impact study.
Preparatory measures for the development of the project or for the verification of the decision databases are allowed. The federal Department of the environment, transport, energy and communication shall rule on the objections of third parties. The owners are warned in advance, in accordance with the Federal law of June 20, 1930, on the expropriation. Compensation can be adjusted according to the Federal Justice on the expropriation.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
New name according to ACF on Dec. 19. 1997 (unpublished).
RS 711 art. 12


Repealed by no 3 of the annex to the LF Sept. 26. with effect from Jan. 1, 2014. 2016 (2015 3205 RO; FF 2013 6441).

Art. 13 free competition under the federal regulation on submission, the Confederation provides, for each line section, free competition in the areas of planning, of the establishment of the project and construction.
Swiss and foreign applicants are subject to the same conditions of competition.

Section 4 funding art. 14Conditions of funding the Confederation offers the necessary means available to the railway companies concerned in the form of remunerables loans to the market or to rate variables and conditionally repayable conditions, as well as in the form of contributions to fund lost.
Remunerables loans to the market conditions may be granted at the rate of 25% of the cost of the project (including capital cost). These loans are recorded in the balance sheet. Their interests are capitalized and paid until the commissioning of the sections.
The federal Council and the railway companies regulate the terms of granting loans and contributions to funds lost as part of a convention.
The funds from the proceeds of entry fees on fuels provided in art. 36, al. 1, let. c, of the federal constitution, are granted to companies of railways in lost funds. The federal Council allocates funds between the baselines.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Art. 15 repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. 16credits of commitment the Federal Assembly granted by stages, using simple federal decrees, the commitment appropriations necessary for the realization of the basic lines of the Gotthard and the tell as well as integration of Eastern Switzerland.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Art. 17 special account the SBB and BLS take their own accounts for school projects, as well as for the construction and operation of the lines of the Gotthard and the tell.
The federal Council shall issue the necessary prescriptions.

New content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).

Section 5 co-ordination, control, accounts art. 18 repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Art. 19Surveillance and federal Council control ensures the supervision and control of the project of the NRLA.
It can load an advisory body for the assessment of essential questions related to the project.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Art. 20 report and close surveillance every year, for the first time in 1992, the federal Council informed Parliament on: a. the status of the project; b. expenditures made and charged on the basis of the appropriations granted; c. load that resulted for the Confederation and the costs that it will likely bear during the next five years.

Whenever he requested a new credit, he also informed Parliament on: a. overall costs planned for the project; b. updated calculation of return.

The supervision of the Federal Assembly is exercised by delegation of supervision of the NRLA. It is composed of members of the Finance Committee, commissions management and commissions the transport and telecommunications of the two chambers. As part of this order, the delegation of supervision of the NRLA shall exercise the rights and respect the obligations to the art. 51, 154 and 155 of the Act of 13 December 2002 on the Parliament.
Finance commissions, management fees and commissions the transport and telecommunications of the two rooms each delegate two of their members to the delegation of supervision of the NRLA. The Presidency is held for one year in turn by a member of the national Council and a member of the Council of States. For the rest, the delegation constitutes itself.
The delegation of supervision of the NRLA annually reported on the monitoring exercise to the Finance Committee, the management fees and commissions on transport and telecommunications both houses.

New content according to chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
RS 171.10 new content of the sentence according to ch. II 9 of the annex to the Dec 13 L. 2002 on Parliament, in effect since Dec. 1. 2003 (RO 2003 3543).
Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).
Introduced by chapter I of the AF on 20 March 1998, in force since Jan. 1. 1999 (RO 1999-769-774; FF 1996 IV 648).

Section 6 provisions final art. 21 execution the federal Council is responsible for the execution of this order. It lays down the necessary provisions.

Art. 22 referendum, entry into force and validity this order is of general application; It is subject to optional referendum.
The federal Council shall determine the date of entry into force.


Repealed by no I of the AF on March 20, 1998, with effect from Jan 1. 1999 (RO 1999 769; FF 1996 IV 648).

Date of entry into force: 1 December 1992 or 1993 47 new content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).
RS 101 new content according to point 2 of the annex to the Federal Act of 20 March 2009 on the development of the railway infrastructure, in effect since Sept. 1. 2009 (2009 4219 RO).
FF 1990 II 1015 FF III 1176 ACF of Nov. 30, 1991. 1992 State on January 1, 2016

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